Loading...
The Playground Theatre for Young Audiences, Inc.MIAMI BEACH City of Miami Beach Cultural Affairs Program and Cultural Arts Council Fiscal Year 2007/08 Cultural Affairs Grant Agreement This Grant Agreement is entered into this 49r..7 fv day of City of Miami Beach, Florida (the City) and the undersigned Grantee (Grant 1. Grantee: Grant Contact: Address: City, State, Zip: Phone, fax, e-mail : 2. Grant amount: upon completion of Project 3. Project description: 4. Itemized budget: 5. Contract deadline: 6. Expenditure deadline: 7. Project completion date: 8. FirpI Report deadline: Article I / Grant Description , 2007, between the The Playground Theatre for Young Audiences, Inc. Bentonne Sarah Snay 9806 NE 2nd Avenue Miami Shores, FL 33138 305-646-7003, 305-646-7022, bentonne a(�.thesnavarouo.net $20,000 50% paid upon execution of this Agreement. Remaining 50% paid and submission and approval of Final Report. See Exhibit 1, attached hereto See Exhibits 2-A Project Budget and 2-B Grant Budget, attached hereto November 2, 2007 September 30, 2008 A (29„A L— te'o 8 . Must be postmarked or delivered no later than 45 days after Project completion date. HEREOF, the parties hereto have executed this Agreement this SO day of Wo U , , 2007. D�v Ibejiier, Mayor Attest: r Pa Robert Percher, City Clerk Grantee's Corporate Seal Here) GRANTEE: / -7 Federal ID #: Q 4 - /57 7a349- BY: G I a I La -1,('-a G- r f Printed Name of Or anization's Authorized Represent*EpROVE TO. FORM & LA b (iSsion nExpires: 2 & FORXECUTION STATE OF FLORIDA, COUNTY OF MIAMI- DADE The foregoing instrum was acknowledged before me this 3fay of # 2007, by 1.4 A2 1_ of /_� ..�!Y� , not-for-profit corporation. rhe is personally known produced id !cation. S' ary Public Notary Name: Notary Public, State c Signature Y JUDY LITT PINE Agomor tapas 1110011100/ OIMyr/Oft 6Ig10•411114 NNWtamrrMM, as Article II / General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article 1, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). The City has delegated the responsibility of administering this Grant to the City's Cultural Affairs Program Manager or his Designee. 2. Proiect Description: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit No. 1. All expenditures will be subject to the terms of this Agreement, and as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds. Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Cultural Affairs Program Manager or his Designee. Said requests shall be made in advance, in writing, detailing and justifying the need for such changes. 3. Reports: This Grant has been awarded with the understanding that the described Project will enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Cultural Affairs Program Manager or his Designee with a written final report documenting that the Grantee has fulfilled all requirements. This report is to be received by the Cultural Affairs Program Manager or his Designee within 45 days of the Project's completion date. Grantees completing their Project by Fiscal Year End, September 30, 2008, must submit their final reports no later than November 15, 2008. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article I-2 (subject to the restrictions in Article 1-2). By making this Grant, the City assumes no obligation to provide financial support of any type whatever in excess of the total Grant amount. Cost overruns are the sole responsibility of the Grantee. The Grant funds will be supplied to the Grantee subsequent to the Mayor and City Commission's approval of the award, and execution of this Agreement by the parties hereto. 5. Program Monitoring and Evaluation: The Cultural Affairs Program Manager or his Designee may monitor and conduct an evaluation of operations and the Project under this Grant, which may include visits by City representatives to observe the Project or Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with the Grantee's personnel. 6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in established Miami -Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the Cultural Affairs Program Manager or his Designee with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 7. Accounting and Financial Review: The Grantee must keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami -Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the Cultural Affairs Program Manager or his Designee or his Designee at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the Cultural Affairs Program Manager or his Designee may, at the City's expense, audit or have audited, upon reasonable notice, all the financial records of the Grantee, whether or not purported to be related to this Grant. 8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit line in all publications related to this Grant: City of Miami Beach, Cultural Affairs Program, Cultural Arts Council. Failure to do so may preclude future grant funding from the City in the same manner as if Grantee defaulted under this Agreement, pursuant to Article 11-12. 2 of 12 9. 'Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers, employees, agents and instruments from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the performance if this Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit the responsibility to indemnify, keep and save harmless and defined the City or its officers, employees, agents and instrumentalities as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28 Florida Statute, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim orjudgment by any one person which exceeds the sum of $100,000, or any claim orjudgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 10. Assianment: The Grantee is not permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to Article 11-12. 11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 12. Default/Termination Provisions: In the event the Grantee shall fail to materially conform with any of the provisions of this Agreement, the Cultural Affairs Program Manager or his Designee may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. In the event that this Grant is terminated and the Grantee is requested to repay all or a portion of the Grant funds because of a breach of this Agreement, the following terms will apply: a. For First-time violations — Grantee shall be required to submit a final report with documentation of expenditure of all grant awards already received (first half) prior to the termination date. If such report is not approved by the Cultural Affairs Program Manager or his Designee, at his sole discretion, Grantee shall be required to immediately return all grant funds received in full to the City of Miami Beach. Grantee will not receive remainder of this Grant award. Additionally, Grantee will be ineligible to apply and/or receive a grant in the subsequent City fiscal year. However, Grantee will be allowed to apply for future fiscal year's grants programs. b. For more than First-time violations - Any future compliance infractions by Grantee will be considered by the City, through its Cultural Affairs Program Manager or his Designee, on a case-by-case basis. As part of his consideration, the Cultural Affairs Program Manager or his Designee shall obtain the . recommendation of the Cultural Arts Council, but the final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days after the Expenditure Deadline; if such funds have been committed but not expended, the Grantee must request 3 of 12 in writinb from the Cultural Affairs Program Manager or his Designee an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one (1) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the Cultural Affairs Program Manager or his Designee a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions do not waive or preclude the City from pursuing any other remedies that may be available to it under the law. 13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time of the breach of failure occurs or at any time throughout the term of this Agreement. 14. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article I-1 of this Agreement, and to the City when addressed as follows: Gary Farmer, Cultural Affairs Program Manager, City of Miami Beach Dept. of Tourism and Cultural Development, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. 15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate action by the Mayor and City Commission. Article III / Miscellaneous Provisions 17. The Grant awarded herein is the result of an extensive public review process, which found that the Grantee is performing a public purpose through the programs, projects, and services recommended for support. As such, use of these funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including but not limited to those outlined in this Grant Agreement. 18. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Ordinance No. 92-2824, as amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of race, color, national origin, religion, sex, sexual orientation, handicap, marital status, or age. The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 4 of 12 19. GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, Grantor AND Grantee EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. -The remainder of this page is left intentionally blank - 5 of 12 Exhibit 1 / Revised Project Description Organization: The Playground Theatre for Young Audiences, Inc. Completely describe Project approved by the Grants Panel and in a separate narrative detail all revisions to the Project based upon the City Commission approved award. Please be as specific as possible; name of event, specific dates, venues, times, artists, etc. Use extra page if necessary. Proiect description as approved by Grants Panel: II. Project Summary (up to two pages): In narrative form please outline in detail the proposed presentation of new work in the City of Miami Beach. The narrative must include a statement that this work is new or has never before been presented in Miami Beach and include specific dates, times, venues, artists, and target audience. Include the following required attachments behind your summary: Letters of intent from all artists appearing as guests with the applicant organization. The 2007-2008 Season of The PlayGround Theatre for Young Audiences (The PlayGround) will include the majority of the seven works currently in repertory plus 2 new works, including Don Quixote. This new adaptation of Miguel de Cervantes Saavedra's world-famous seventeenth century novel celebrates the power of the imagination as it encourages audience members to live up to their ideals as they pursue their dreams. To enhance the production's authenticity in representing Cervante Saavedra's seventeenth century Spain, all performances of Don Quixote will be accompanied by live performances by local Flamenco guitarists. For Don Quixote, eight of The PlayGround's most talented resident actors will perform multiple roles in this humorous epic that provides valuable insights into the human condition as it questions societal values. The schedule of performances for The PlayGround's Don Quixote, at the Colony Theater at 1040 Lincoln Road, Miami Beach includes: • Friday, January 11, 2008 10:00 am and 4:00 pm • Saturday, January 12, 2008 11:00 am and 3:00 pm • Sunday, January 13, 2008 3:00 p.m. • Friday, April 18, 2008 10:OOa.m.and 4:00 p.m. • Saturday, April 19, 2008 11:00 a.m. and 3:00 p.m. • Sunday, April 20, 2008 3:00 p.m. The PlayGround will perform seven -nine productions for a total of approximately 100 performances throughout South Florida during the 2007-2008 Season. Of these, the one new production Don Quixote will be presented in 10 performances at the Colony Theater in Miami Beach. The Letter of Intent for the Colony Theater is appended behind this page. Four performances will be attended by up to 1,600 underserved children from 16 Miami Beach and Miami -Dade County public schools. During each of the additional six weekend performances, 1,200 free tickets will be distributed to low-income children and their families, for a total of 2,800 free admissions to underserved young people, their teachers and their family members. An additional 1,200 paying audience members are expected to attend the six weekend performances at the Colony Theater, for a total attendance of 4,000. Artists. The PlayGround's Co -Artistic Director Stephanie Ansin will create this new 6 of 12 adaptation of a European classic, as she did in 2005-2006 with Count Carlo Gozzi's The Love of Three Oranges. Co -Artistic Director Oleg Kheyfets and set and costume designer Simon Pastukh, who collaborated on the 2005-2006 production Brooklyn Bridge by Melissa James Gibson and are collaborating on the 2006-2007 production of Arthur Miller's The Creation of the World and Other Business, will join forces again to create the beloved classic Don Quixote for both children ten years and up and all those who are young at heart (see appended PlayGround Bios). 7 of 12 Project Summary Page 2. The target audience includes children and teens ages three to 18 years plus young adults, many of whom come from neighborhoods where robbery, theft, vandalism, dropping out and unemployment are common. As many are being raised by a single parent or other relative who either may be unemployed or has to work multiple jobs just to pay the bills, the luxury of attending live theatre is beyond their reach. Experiencing the cultural arts can be a powerful weapon against adversity and despair, can open new realms of possibility, and can excite children's imaginations. It can also show them different worlds, cultures, customs, languages and different points of view than that which they usually experience. Thus, it is very important to provide cultural arts experiences to these underserved youth. Art, and particularly theatre, can open young minds to great ideas and hope for the future through its live visual stimulation and narrative. It can inspire young children to write songs, plays or poems of their own throughout childhood and into adulthood. The PlayGround is confident that through its comprehensive, year-round Program, which will include performances at the Colony Theater in 2008, children's learning will be enhanced and their creative thinking skills sharpened. The majority of children served include many low-income children and family members. Racial composition is approximately 30% Black, Non -Hispanic; 50% Hispanic; 15% White, Non - Hispanic; and 5% Other Ethnicities. Approximately 60% of program participants are female and 40% male. The PlayGround's programming mirrors and complements Miami-Dade's cultural diversity, enabling its audiences to relate well to the work and connect with each other through the shared cultural experience. With moderate prices of only $15.00 each for individual tickets and only $10.00 each for groups of 20 or more, The PlayGround is also affordable for middle-income families. A relationship has been established with Lilia Garcia and dozens of school administrators from Miami -Dade County Public Schools, such that in 2006-2007 approximately 45 public schools' students are attending performances of The PlayGround as appended in the supplementary materials. It is expected that the 2007-2008 School Performance Schedule, including participating Miami Beach schools, will be finalized by August 2007. For 2007-2008, partnership agreements with public, private and charter schools are in process and transportation funds are being secured from a variety of public and private sources. This will enable students from an estimated 50-60 Miami -Dade County Public Schools (MDCPS) plus a few private schools in Miami -Dade to attend special school performances in 2007-2008. Endeavors to maximize cultural diversity may include work with George Washington Carver and Charles D. Wyche Elementary Schools in the Italian language study of Don Quixote as it did for past performances. This multilingual educational programming in concurrence with the experience of the live PlayGround performance in English will maximize student learning, enjoyment and cultural awareness. Numerous community organizations will receive free tickets for disadvantaged, low-income or impoverished children. These include Arts for Learning, Best Buddies, Amigos for Kids, Big Brothers Big Sisters, Bay Point Schools, Women of Tomorrow Mentor and Scholarship Program, the Overtown Youth Center, Community Partnership for Homeless, Communities in Schools and Jackson Memorial Guardian Angels, among others. 8 of 12 Project description as revised (if applicable) based upon the City Commission approved award: Changes to projects awarded under the Artistic Disciplines program must still adhere to the requirement that the work is new or has never before been presented in Miami Beach. The dates in January originally scheduled for Don Quixote at The Colony Theater will be replaced by The PlayGround Theatre's presentation of The Steadfast Tin Soldier. This presentation will be followed by the Miami Beach premiere of the company's new production of Alice's Adventures in Wonderland. The PlayGround's Artistic Director Stephanie Ansin will create a new adaptation of the Bristish classic Alice's Adventures in Wonderland, as she did in 2005-2006 with Count Carlo Gozzi's The Love of Three Oranges. Ansin and Venezuelan set, costume, and lighting designer Fernando Calzadilla will join forces with Argentinean composer Luciano Stazzone, who wrote the music for The Playground's production of Gabriel Garcia Marquez and Nilo Cruz's A Very Old Man with Enormous Wings. Time, space, and cultures will collide in this fantastical fairy tale for the whole family. 9 of 12 Exhibit 2-A: Project Budget / Revised Total Project Budget Name of organization: The Playground Theatre for Young Audiences, Inc. Date(s) of Project: Attach a copy of the total Project budget or list cash expenses and cash revenues specifically identified with your program, project or events. Round off all numbers to the nearest dollar. EXPENSES REVENUES CASH IN-KIND CASH IN-KIND Personnel - artistic 15669 10250 Admissions 18366 Personnel - technical 10623 Contracted services Personnel - administration 2673 750 Tuitions Outside artistic fees/services 2649 Corporate support 5435 Outside other fees/services 4000 Foundation support 8954 Marketing/Publicity 6258 5000 Individual support 13937 14250 Space rental 20216 Government grants 5443 Travel 5594 Federal Utilities 816 State Equipment rental 1032 750 Office supplies 859 Insurance/Security 1477 Other Costs: (Itemize below) Other Contributions (Itemize below) costumes 3760 cash on hand 7875 sets 7320 rights/rovalties 364 free admision 700 City of Miami Beach Grant Award 20,000 Total cash expenses 80010 Total cash revenues 80010 Total in-kind expenses 20750 Total in-kind revenues 20750 Total project expenses $100.760 Total project revenues $100.760 CASH & IN-KIND CASH & IN-KIND 10 of 12 Exhibit 2-B: Project Budget / Revised Grant Award Budget Name of organization: The Playground Theatre for Young Audiences, Inc. Date(s) of Project: Grant Award: $20,000 Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant awards may only be spent within budget categories declared below. Line item changes to said Budget shall not exceed ten percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds Grant Expenses Personnel — artistic 5000 Personnel — technical 10000 Outside artistic fees Marketing/Publicity 5000 Printing Postage In County Travel Grant requirements Equipment Rental Space rental (Performance Related Only) Insurance (Performance Related Only) Total Other Costs (itemize Below) Description Amount TOTAL (must equal grant award): 20000 Grant funds must be spent within budget categories agreed upon in grant agreement. All publications associated with City of Miami Beach cultural grant support must include the City of Miami Beach logo and the following byline: "City of Miami Beach, Cultural Affairs Program, Cultural Arts Council." Allowable Grant Expenditures as Relates to Grant Project: • Artistic and technical fees directly related to the proposed program or event • Production costs related to the proposed program, project or event • Honoraria • Equipment rental and expendable materials • Marketing • Publicity • Local travel and transportation costs related to proposed program, project or event. Local travel is defined as travel within the Miami Dade County area • Equipment rental and personnel necessary to provide program accessibility as mandated by the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 11 of 12 Grant Use Restrictions (grant funds may not be used towards): • Remuneration of City of Miami Beach employees for any services rendered as part of a project receiving a grant from Cultural Affairs grants programs • Administrative salaries or fees • "Bricks and mortar" or permanent equipment; unless the purchase price is less than the cost of rental. • City of Miami Beach services (permit fees, off duty police, electricians, insurance, etc.) • Debt reduction • Indirect or general operating costs related to the operation of the organization (Cultural Anchors excluded from this restriction) • Travel or transportation outside the local Miami Dade County area • Social/Fundraising events, beauty pageants or sporting events • Hospitality costs including decorations or affiliate personnel with the exception of artists • Cash prizes • Lobbying or propaganda materials • Charitable contributions • Events not open to the public; unless the event serves to specifically benefit City of Miami Beach government Required supporting materials for final reports submitted within 45 days upon completion of grant project: • Copies of all receipts, invoices and expenditures of grant monies. CATEGORIZE ALL RECEIPTS, INVOICES AND CANCELLED CHECKS (front and back copies), ETC. ACCORDING TO THE GRANT BUDGET (i.e. - all artists payments, separate from advertising payments) • Proof of logo and credit line in project publications and advertisements • Proof of performance(s), such as programs, brochures and flyers. 12 of 12